If you have been charged with a DUI in Georgia, then the very first thing (other than hiring a Lawyer) is to apply for a Georgia ALS hearing. Of course most Georgian’s forget this vital part of the DUI process. Understandable, it’s a serious charge and people are generally scared. However, ALS hearings are very important.
Georgia ALS hearings for short, refers to a license suspension prosecution from the Georgia Department of Driver Services (DDS). Along with the Court case you will face, the DDS of Georgia, by means of the State Office of Administrative Hearings, has an administrative proceeding against you as well. The State of Georgia charges $150 to file the hearing request.
After you have been arrested for Georgia DUI your license generally becomes suspended after 30 days by the DDS. You are allowed a 10 business day period to halt the suspension by filing an appeal letter. Generally, we file appeal letters like these routinely for Georgia DUI clients. Filing the appeal halts the suspension process and the driver generally receives a notice with a date for a hearing within a few weeks.
What Happens If You Do Not Request a Hearing?
If the hearing request is not made, your license goes into suspension on the 31st day. In the case of a refusal to submit to testing, your license will be suspended for a year, and you will not qualify for a limited or restricted license. There are no exceptions in the case of a refusal; so you must be very careful to hire counsel as soon as possible.
At the hearing, your Georgia DUI Attorney can argue the lack of probable cause to arrest for the DUI or violation of the Georgia Implied Consent Law. The arresting officer must not only read the correct Georgia implied consent warning at the time of the arrest, he must also correctly answer your questions at the time of the arrest. If his verbal advice contradicts the implied consent warning, the State may lose it’s ability to use the chemical test (blood, breath, or urine) against you.
How Will the Georgia DUI Lawyer Help?
The Howard Law Group can assist you in preparing for this hearing and keeping your license. You should note however that the clock for the appeal of the suspension begins winding down on the date of your DUI arrest so you need to act quickly. It takes time to get the reports and the video used in your case. It also takes time to prepare the 10 day letter. Failure to act can create a waiver of your important rights, including the right and privilege to drive.
If you or someone you know has been charged with a Georgia DUI, then contact us ASAP. Filing the 10 warning letting and requesting a ALS hearing could make all the difference between driving to work or taking Marta.